Disclaimers of Wrongful Discharge Liability: Time for a Crackdown?

Abstract

The Article begins with a brief treatment of employment at will and its modern exceptions. The Article then describes the law regarding disclaimers of wrongful discharge liability. Next, the Article critiques that body of law by examining it within the context set by the policy debate over employment at will. Finally, the Article proposes idealized tests for the enforceability of at-will clauses, and suggests how existing contract doctrine might be used to attack those clauses.

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Employment at will

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Michael J. Phillips (Indiana University)

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